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Home Court filings USA v. Thomas et al — Carla Jackson judgment, N.D. Ga. Transcript of Sentencing Proceedings — Bern Benoit

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Transcript of Sentencing Proceedings — Bern Benoit

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The transcript of the September 8, 2021 sentencing proceedings for Bern Benoit in United States of America v. Bern Benoit, Docket No. 1:20-CR-00296-JPB, before United States District Judge J.P. Boulee in the U.S. District Court for the Northern District of Georgia, conducted by Zoom and filed February 2, 2024, as Document 894. The court states that Benoit pled guilty on March 11th, 2021 to Count 7, conspiracy to commit bank fraud and wire fraud, and with no objections sets a total offense level of 18 and a range of 27 to 33 months. Defense counsel Anthony O. Egbase seeks a departure and variance, arguing that adviser and co-defendant Jerry Baptiste gave Benoit a blank form that others completed and that Benoit received about 800,000. Benoit tells the court he is very remorseful.

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“Transcript of Sentencing Proceedings — Bern Benoit.” Original at ecf.gand.uscourts.gov, No. 1:20-cr-00296-JPB-CMS, Doc. 894. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-dixon/2021-09-08-sentencing-transcript-dkt-894/, SHA-256 5d8d1d91ec45720c042b687f7fa36721d82d0c58139e86fe8fcfb3bba32ed2f2.

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Case 1:20-cr-00296-JPB-CMS   Document 894   Filed 02/02/24   Page 1 of 44




              THE FOLLOWING IS THE PDF OF AN OFFICIAL

TRANSCRIPT.   OFFICIAL TRANSCRIPTS MAY ONLY BE FILED IN CM/ECF

BY THE OFFICIAL COURT REPORTER AND WILL BE RESTRICTED IN

CM/ECF FOR A PERIOD OF 90 DAYS.      YOU MAY CITE TO A PORTION

OF THE ATTACHED TRANSCRIPT BY THE DOCKET ENTRY NUMBER,

REFERENCING PAGE AND LINE NUMBER, ONLY AFTER THE COURT

REPORTER HAS FILED THE OFFICIAL TRANSCRIPT; HOWEVER, YOU ARE

PROHIBITED FROM ATTACHING A FULL OR PARTIAL TRANSCRIPT TO ANY

DOCUMENT FILED WITH THE COURT.
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                                                                                 1



 1                       UNITED STATES DISTRICT COURT
                    FOR THE NORTHERN DISTRICT OF GEORGIA
 2                            ATLANTA DIVISION

 3
 4   UNITED STATES OF AMERICA,       )
                                     )
 5                                   )
        -VS-                         ) DOCKET NO. 1:20-CR-00296-JPB
 6                                   )
     BERN BENOIT,                    )
 7                                   )
               DEFENDANT.            )
 8
 9                  TRANSCRIPT OF SENTENCING PROCEEDINGS
                      BEFORE THE HONORABLE J.P. BOULEE
10                      UNITED STATES DISTRICT JUDGE
                             SEPTEMBER 8, 2021
11
12
13
14   APPEARANCES:

15   ON BEHALF OF THE GOVERNMENT:
             TAL COHEN CHAIKEN, ESQ.
16           NATHAN PARKER KITCHENS, ESQ.
             BABASIJIBOMI MOORE, ESQ.
17           ASSISTANT UNITED STATES ATTORNEY

18
     ON BEHALF OF THE DEFENDANT:
19           ANTHONY O. EGBASE, ESQ.

20
21
22
23   STENOGRAPHICALLY RECORDED BY:

24                     PENNY PRITTY COUDRIET, RMR, CRR
                           OFFICIAL COURT REPORTER
25                      UNITED STATES DISTRICT COURT
                              ATLANTA, GEORGIA

           UNITED STATES DISTRICT COURT - OFFICIAL CERTIFIED TRANSCRIPT
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 1     (PROCEEDINGS HELD VIA ZOOM AT 10:19 AM., ATLANTA, GEORGIA)

 2            COURTROOM DEPUTY CLERK:       This is case number

 3   20-CR-296, USA v. Benoit.

 4            MR. EGBASE:     Good morning, your Honor.        Anthony

 5   Egbase on behalf of Mr. Bern Benoit.         Bern Benoit is present

 6   with me as the Court can see via Zoom.

 7            THE COURT:     Good morning to both of you.

 8            MR. KITCHENS:       Good morning, your Honor.        Nathan

 9   Kitchens on behalf of the government.        I'm here as well with

10   co-counsel Tal Chaiken and Siji Moore, as well as Special

11   Agent Joe Stites of the FBI.

12            THE COURT:     Good to see all of you as well.

13            And I believe we also -- we have Officer Ridley here

14   as well, correct?

15            COURTROOM DEPUTY CLERK:       Yes, sir.

16            MS. RIDLEY:     Good morning, your Honor.        Maria Ridley

17   on behalf of the United States Probation Office.

18            THE COURT:     Good morning.

19            All right.     Under Section 2 of the Northern District

20   of Georgia's General Order 20-04, the Court finds that this

21   hearing cannot be further delayed without serious harm to the

22   interests of justice.

23            And, Mr. Egbase, do I understand that your client

24   consents to waiving his personal appearance before me and

25   doing this hearing by video conference?


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 1               MR. EGBASE:    Yes, your Honor, he does.         And if I may

 2   just apologize, I know we are having difficulty this morning

 3   through video conference.         It's all my fault.       I feel

 4   terrible.    It has absolutely nothing to do with my client.

 5               I did not understand this was going to be an

 6   in-person hearing.       I tried to read the rules as much as I

 7   can.   It was the rules that started coming out -- the

 8   amendments that started coming out during the pandemic, post

 9   pandemic.    We are still in pandemic actually.

10               I just don't know how I missed it, that this was

11   supposed to be an in-person hearing.         So it has absolutely

12   nothing to do with my client, your Honor.

13               THE COURT:    Okay.    Very well.    Well, apology

14   accepted.    And, of course, I won't hold any delays or any

15   confusion against your client in any way or against you.                 I

16   understand we all make logistical errors.            So no big deal.

17   And all is forgiven on that front.

18               Let me ask you, Mr. -- do you pronounce it Benoit?

19               THE DEFENDANT:    Yes, sir.

20               THE COURT:    Mr. Benoit, do you consent to doing this

21   hearing by video conference and do you waive your right to

22   have a personal appearance in front of me for this sentencing

23   hearing?

24               THE DEFENDANT:    Yes, your Honor.

25               THE COURT:    Very well.


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 1              Mr. Benoit pled guilty on March 11th, 2021, to

 2   Count 7 of the indictment for conspiracy to commit bank fraud

 3   and wire fraud.

 4              In accordance with Rule 32 of the Federal Rules of

 5   Criminal Procedure, the United States Probation Office has

 6   conducted a presentence investigation and prepared a

 7   presentence report, a copy of which has been provided to both

 8   the government and the defense.

 9              Mr. Egbase, have you and your client had an

10   opportunity to read and discuss the presentence report?              And I

11   think you're still muted, sir.

12              MR. EGBASE:   Yes, we did, your Honor.

13              THE COURT:    Thank you.

14              Do you have any questions about the presentence

15   report or any amendments at this time?

16              MR. EGBASE:   No questions, your Honor.

17              THE COURT:    It appears from the record that there are

18   no objections to the findings of fact or conclusions of law in

19   the presentence report by the government or the defense.

20              Is that correct?

21              MR. KITCHENS:     That's correct, your Honor.

22              MR. EGBASE:   That's correct, your Honor.

23              THE COURT:    All right.   I did want to clarify,

24   Mr. Egbase, whether you are seeking a departure or a variance

25   or both.   It looked to me from reading your sentencing


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 1   memorandum on behalf of Mr. Benoit that you were seeking both

 2   a departure and variance, is that correct?

 3               MR. EGBASE:     That's correct, your Honor.

 4               THE COURT:    What I want to clarify is on what grounds

 5   you're seeking the departure.         It looked to me like there may

 6   have been some just typographical issues with your sentencing

 7   memorandum.      The portion of it that seeks a departure on page

 8   six talks about his medical condition and a departure under

 9   5H1.4, which would go to his physical condition, and that all

10   made sense to me.       But there is a small section at the bottom

11   of page 10 and going to the top of page 11 that seems to

12   perhaps be something that inadvertently got picked up from an

13   earlier sentencing memorandum involving another client that

14   goes to age, mental condition, military service, et cetera.

15   I just wanted to make sure that that indeed was just a

16   typographical error and that what you're seeking is a

17   departure under just 5H1.4.

18               MR. EGBASE:     I'm seeking departure under 5H1.4, your

19   Honor.     The Court is correct, that may have been inadvertently

20   entered.     But as I state in my brief as well, my client,

21   Mr. Benoit, does have medical conditions and under that I'm

22   seeking that -- I'm seeking the departure and a variance.

23               THE COURT:    Understood.     Departure and variance.

24               Given that you're seeking both a departure and a

25   variance on those grounds, sometimes I'll address the


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 1   departure issue first and make a determination as to whether

 2   or not a departure is warranted and then go through the other

 3   portion of the sentencing hearing.       But here, unless anyone

 4   objects, it would seem that the request for a departure and

 5   the request for the variance are overlapping fairly

 6   significantly, so I would recommend that I consider all of

 7   that together in the context of counsel's argument.

 8            Does anyone object to my proceeding in that fashion?

 9            MR. KITCHENS:       No objection, your Honor.

10            THE COURT:    Mr. Egbase?

11            MR. EGBASE:     No objection, your Honor.

12            THE COURT:    Very well.     I will consider your argument

13   on that departure along with the variance when I hear your

14   argument as to the sentence.

15            Given that there are no objections, I will adopt the

16   findings of fact and conclusions of law in the presentence

17   report to which no objection has been made.

18            Based on the findings of facts and conclusions of

19   law, the guideline calculations are as follows:

20            Base offense level of 7;

21            Adjusted offense level of 21;

22            Total offense level of 18;

23            Criminal History Category of I;

24            Recommended sentencing range of 27 to 33 months;

25            Fine guideline range of $10,000 to $2,210,434;


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 1            Term of supervised release of 2 to 5 years;

 2            A special assessment of $100.

 3            Any objection to the guideline calculations as stated

 4   by the Court?

 5            MR. KITCHENS:       No, your Honor.

 6            MR. EGBASE:     No objection, your Honor.

 7            THE COURT:    I will now hear from the parties as to

 8   recommendations for a reasonable sentence considering the 18

 9   USC, Section 3553(a) factors and grounds for departure or

10   variance as discussed.

11            I have reviewed -- in addition to the presentence

12   report and the defense memorandum I have reviewed numerous

13   character letters on behalf of Mr. Benoit sent in from various

14   individuals.

15            Before we move on, are there any other documents or

16   letters for the Court regarding sentencing for the Court's

17   consideration?

18            MR. EGBASE:     No, your Honor, except I would add that

19   Mr. Benoit be given an opportunity to just address the Court

20   for about two to three minutes.

21            THE COURT:    Certainly.     I'm going to go through that

22   and, of course, give him that opportunity.          I want to just

23   make sure we don't have any other witnesses, and I want to

24   hear arguments as well.

25            Mr. Kitchens, are there any victims present that wish


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 1   to speak or present evidence in connection with the evidence

 2   in this case?

 3               MR. KITCHENS:    There are not, your Honor.       And we do

 4   not have any documents either.

 5               THE COURT:    All right.   Very well.

 6               And, Mr. Egbase, I know that Mr. Benoit would like to

 7   be heard, but are there any other witnesses on his behalf?

 8   And, again, I have read the numerous letters that were sent in

 9   on his behalf.

10               MR. EGBASE:   No, your Honor.

11               THE COURT:    Mr. Egbase, would you like to make any

12   argument on behalf of your client regarding sentencing?              I

13   have, of course, reviewed your sentencing memorandum on behalf

14   of him.   I'll be happy to hear any additional argument that

15   you have.

16               MR. EGBASE:   Yes, your Honor.    I just want to

17   reiterate what I have in my sentencing memorandum already,

18   your Honor.

19               In this matter, Mr. -- I have used the term or the

20   terminology that Mr. Benoit is a victim in this case.             I did

21   receive an e-mail from the government yesterday, and

22   specifically Mr. Kitchens, who took that to mean that

23   Mr. Benoit is contesting the culpability in this case.             That

24   is not my intention.      And that is not Mr. Benoit's intention.

25   He does accept responsibility, but I have viewed this in the


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 1   context of the fact that he was suckered into this -- into

 2   this -- committing this crime based on his lack of

 3   sophistication.

 4             At the very inception of the PPP program Mr. Benoit,

 5   as a business owner, was only interested in getting what he

 6   was entitled to.     And I believe that is what the evidence and

 7   discovery has shown in this matter.         But what happened was his

 8   advisor, Mr. Jerry Baptiste, gave him a blank form from --

 9   whom happens to be a co-defendant now, gave him a blank form

10   from other co-defendants that he signed.           He never

11   placed anything -- other than his name, address and business

12   name, he never list any figure on the blank form.              And every

13   other thing was completed by the co-defendant, submitted to

14   the appropriate agencies without his input on what was in that

15   loan application.

16             And he was shocked to learn that when he received

17   about 800,000 in his account.       And he did question it.          So his

18   inability to stand by his conviction at that point and tell

19   them I don't deserve this, take it back, is where the

20   culpability really comes in.       And in his words, he was assured

21   that this money would be paid back and it was going to be

22   invested in his business or buying PPP, or whatever, emergency

23   equipment, and he fell for it.

24             So he's very remorseful.       And I believe that he would

25   express that himself to the Court.          But the other issues that


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 1   I've asked the Court to consider is his medical conditions.

 2   And I believe during discovery we provided enough of that.

 3   And that was also presented to the presentencing officer.

 4              And his lack of sophistication -- in conclusion, his

 5   lack of sophistication, his medical condition and -- his

 6   present medical condition, which he has been going through, I

 7   believe that that is what warrants a departure and variance in

 8   this case, your Honor.

 9              THE COURT:   All right.     Thank you.

10              Mr. Benoit, I've had the benefit of hearing from your

11   counsel, but if there's anything that you personally would

12   like to say before I sentence you, I would be happy to hear

13   from you, sir.

14              THE DEFENDANT:     Your Honor, I just wanted to --

15              THE COURT:   I'm sorry.     If you could speak up a

16   little bit, I'm having trouble hearing you.

17              THE DEFENDANT:     Your Honor, I just wanted to say I'm

18   very remorseful.     This is not who I am.      I don't have a

19   record.    You know, I try to be -- I try to do good always.

20   And I don't know how I even got to this.

21              I have no words to express how deeply sorry that --

22   that it even happened.       I got involved with people that, you

23   know, I had no idea what their intentions were.               And, you

24   know, I know I'm not innocent at all.         I'm just -- I'm sorry.

25   And I...


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 1             THE COURT:    Thank you.     I want to make sure, you've

 2   just stated that you don't believe you're innocent at all, and

 3   that certainly was my --

 4             THE DEFENDANT:     Yeah.

 5             THE COURT:    -- takeaway from your plea hearing

 6   several months ago now.      But given some of the arguments your

 7   counsel has made, I want to, before we go forward with the

 8   sentencing, make sure that you do, in fact, believe you are

 9   guilty of the crime charged and what you've pled guilty to

10   several months ago now.

11             Do you have any reason to think you want to revisit

12   that --

13             THE DEFENDANT:     No, sir, your Honor.       As I said, I'm

14   guilty.   I'm not innocent on my part for my involvement.

15             THE COURT:    All right.     Bear with me a moment.

16             COURTROOM DEPUTY CLERK:       Mr. Benoit, if you can speak

17   up a little bit louder so we can hear you, okay?

18             THE DEFENDANT:     Okay.

19             THE COURT:    All right.     Mr. Kitchens, any response

20   and thoughts on the plea and where we are at this point?

21             MR. KITCHENS:      Yes, your Honor.

22             Let me start exactly with your questions about where

23   I think we stand in light of some of the arguments made by

24   Mr. Egbase and Mr. Benoit's statement.

25             As Mr. Egbase noted, we expressed some concern to him


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 1   yesterday based on some of the language in the sentencing memo

 2   where there was a statement that Mr. Benoit was an unwitting

 3   tool, that he was a victim in this matter, a victim of the

 4   circumstances, and that he accepted responsibility for his

 5   ignorantly induced conduct.

 6             And similarly this morning I think you've heard that

 7   he did not know what various other people were doing, just

 8   submitted a blank form and did not know the overall aim of the

 9   other people he was working with.

10             Our understanding when we asked Mr. Egbase about

11   this yesterday was that we understood this rhetoric from the

12   sentencing memo was designed to express that Mr. Benoit was

13   not the most culpable actor in the scheme.          And the government

14   readily agrees with that, fully agrees with it.

15             As your Honor knows, we certainly view Darrell Thomas

16   as the most culpable person as he received the largest share

17   of the proceeds from this loan.

18             Mr. Benoit, as he's noted in the argument this

19   morning, was brought into the scheme by other people,

20   Mr. Baptiste, as well as Charles Petty, another individual who

21   was a co-defendant in this case.        And those individuals passed

22   along instructions to Mr. Benoit regarding how he should wire

23   fraudulent funds when they were received into the account.

24             I apologize for my cough, your Honor.

25             It's my understanding that Mr. Benoit, despite that


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 1   language and despite some of the argument this morning, and it

 2   may be worth clarifying with him, does not deny that he knew

 3   at some point that the PPP loan that he applied for for

 4   Transportation Management was fraudulent.          And that once he

 5   knew that and recognized it, then he continued to facilitate

 6   the loan.

 7               There was never an allegation that he personally put

 8   in the false information, but there was an understanding and

 9   certainly an agreement that that would be the case and that he

10   would proceed with the fraud.       That's our understanding of

11   what the evidence showed and what Mr. Benoit, at least in the

12   plea hearing, agreed to.

13               It is also -- and we'll discuss this a little bit in

14   my sentencing argument, I think it is undisputed in the PSR

15   that he submitted roughly around the same time period a couple

16   fraudulent Economic Injury Disaster Loans for two companies

17   roughly in the same time span.       So this was not an accident.

18   This was something that -- three separate fraudulent loans in

19   a very short period of time.

20               I think any claim that Mr. Benoit did not know what

21   was going on rings false in light of the evidence that, you

22   know, we have and that Mr. Benoit has previously admitted to.

23               So, you know, I'm happy to give the overall argument

24   but just want to clarify with Mr. Egbase, on behalf of his

25   client, that he still is in a position where he acknowledges


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 1   that he knew at some point that the loan that he was entering

 2   was, in fact, fraudulent and that after knowing that he

 3   continued to facilitate that fraudulent loan.

 4              THE COURT:    Mr. Egbase.

 5              MR. EGBASE:     Well, your Honor, if I may just add

 6   regarding the two other applications that Mr. Benoit --

 7              THE COURT:    And I'll tell you, I'm not worried about

 8   the two other applications.        I'm worried just about the one at

 9   issue in this case.

10              MR. EGBASE:     All right.    Submit then, your Honor.

11              THE COURT:    I'm sorry, can you repeat that.

12              MR. EGBASE:     I said I submit, your Honor.         I'm done

13   at this point.

14              THE COURT:    Do I take that to mean that you

15   understand that your client did indeed at some point learn

16   that the loan was fraudulent and continued to facilitate it

17   despite your argument that he was not the most culpable actor?

18   Is that correct?

19              MR. EGBASE:     Yes.   And I believe I hinted to that in

20   my opening as well, in my argument.

21              THE COURT:    Very well.     And let me ask Mr. Benoit as

22   well.

23              Mr. Benoit, do you agree that you at some point

24   learned that this loan was fraudulent and afterwards continued

25   to facilitate the loan?


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 1               THE DEFENDANT:     Yes.

 2               THE COURT:    Very well.

 3               Mr. Kitchens or Mr. Egbase, do either of you think

 4   any additional discussion of this most recent issue is

 5   warranted?      One thing I can do is go back over the elements

 6   if anyone thinks that's necessary.

 7               MR. EGBASE:     Yes, your Honor.     The only thing I want

 8   to add regarding that issue is that Mr. Benoit's conduct after

 9   the loan -- after the moneys were wired into his account did

10   not benefit him substantially.         He wired moneys to Baptiste

11   and Mr. Thomas, I believe, who -- and shortly after doing that

12   his account was frozen and the balance of the funds are simply

13   forfeited to the government, your Honor.

14               THE COURT:    Understood.

15               Here's what I'm going to do.        And, Mr. Kitchens, I'll

16   let you weigh in, but I'm actually inclined to go back over

17   the elements in an abundance of caution unless you disagree or

18   unless Mr. Egbase disagrees.

19               MR. KITCHENS:     I have no objection to that, your

20   Honor.

21               THE COURT:    Ms. Walker, if you can please put

22   Mr. Benoit under oath.

23               COURTROOM DEPUTY CLERK:       Mr. Benoit, if you can raise

24   your right hand for me.

25                        (The defendant was duly sworn)


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 1               COURTROOM DEPUTY CLERK:     Thank you.     Please remember

 2   to speak up.

 3               You can put your hand down and announce your name for

 4   the record.

 5               THE DEFENDANT:   Bern Benoit.

 6               COURTROOM DEPUTY CLERK:     Thank you, sir.

 7               THE COURT:   Thank you, Ms. Walker.

 8               Mr. Benoit, let me, again, ask you a question I asked

 9   you just a few moments ago but now that you're under oath I

10   want to ask you again, do you agree that at some point you

11   realized that this loan at issue here was fraudulent and you

12   continued to facilitate the loan after you knew that it was a

13   fraudulent loan?

14               THE DEFENDANT:   Yes, your Honor.

15               THE COURT:   And I'm going to go back over the

16   elements of what you've pled guilty to several months ago and

17   ask you again if you agree that you're guilty based on these

18   elements.

19               So, first off, as to conspiracy to commit bank fraud

20   and wire fraud, do you admit that two or more persons in some

21   way or manner agreed to try to accomplish a common and

22   unlawful plan to commit bank fraud and wire fraud as charged

23   in the indictment?

24               THE DEFENDANT:   I do, your Honor.

25               THE COURT:   And do you admit that you knew the


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 1   unlawful purpose of the plan and willfully joined in it?

 2               THE DEFENDANT:   I do.

 3               THE COURT:   As to bank fraud, do you admit that you

 4   knowingly carried out or attempted to carry out a scheme to

 5   defraud a financial institution or to get money, assets or

 6   other property from a financial institution by using false or

 7   fraudulent pretenses, representations or promises about a

 8   material fact?

 9               THE DEFENDANT:   I do, your Honor.

10               THE COURT:   And do you admit that the false or

11   fraudulent pretenses, representations or promises were

12   material?

13               THE DEFENDANT:   Yes.

14               THE COURT:   Do you admit that you intended to defraud

15   the financial institution?

16               THE DEFENDANT:   Yes, your Honor.

17               THE COURT:   And do you admit that the financial

18   institution was federally insured?

19               THE DEFENDANT:   Yes, your Honor.

20               THE COURT:   As to wire fraud, do you admit that you

21   knowingly devised or participated in a scheme to fraud someone

22   by using false or fraudulent pretenses, representations or

23   promises?

24               THE DEFENDANT:   Yes, your Honor.

25               THE COURT:   Do you admit that the false pretenses,


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 1   representations or promises were about a material fact?

 2             THE DEFENDANT:     Yes, your Honor.

 3             THE COURT:    And do you admit that you acted with the

 4   intent to defraud?

 5             THE DEFENDANT:     Yes, your Honor.

 6             THE COURT:    And, finally, do you admit that you

 7   transmitted or caused to be transmitted by wire some

 8   communication in interstate commerce to help carry out this

 9   scheme to defraud?

10             THE DEFENDANT:     Yes, your Honor.

11             THE COURT:    Very well.

12             I believe we've sufficiently addressed the issue at

13   hand here.    And I believe that Mr. Benoit continues to confess

14   and admit to his guilt and the elements of the crime charged.

15             Does either counsel disagree or think that any

16   additional study of this issue is warranted at this time?

17             MR. KITCHENS:      No, your Honor.

18             MR. EGBASE:     No, your Honor.

19             THE COURT:    And just so the record reflects it,

20   Mr. Kitchens and Mr. Egbase both said "no" or "no, your

21   Honor," at the same time and it may not have gotten picked up

22   perfectly by the record.

23             In that case, Mr. Kitchens, let me go ahead and let

24   you respond as far as sentencing to the defense argument.

25             MR. KITCHENS:      Thank you, your Honor.


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 1               We think in light of those statements, we are at a

 2   guideline range of 27 to 33 months, giving Mr. Benoit credit

 3   for acceptance of responsibility.          And we understand, and

 4   we'll talk about this, that he has, you know, a certain view

 5   of his role.      But our view is, and as he just confirmed, that

 6   he very much accepts that he understood that there was a fraud

 7   and that he worked to facilitate that loan.            And we'll talk

 8   about really what would have been the benefits to him as part

 9   of that scheme.

10               But the government recommendation in this case is a

11   27-month sentence, which is the low end of that guidelines

12   range.     We think that low end properly accounts for

13   Mr. Benoit's conduct after charging, which has been largely

14   constructive, as well as his history and characteristics,

15   which show fairly minimal criminal history and certainly

16   nothing related to fraud before this.

17               But we do believe that a guideline sentence is

18   necessary under Section 3553(a) to properly account for the

19   seriousness of the offense, the need for deterrence, as well

20   as the need to avoid unwarranted sentencing disparities.

21               So we understand the defendant's reasoning for his

22   request for a downward departure or variance, but we don't

23   think ultimately that it's supported by the facts in the law

24   and that a guideline sentence here is appropriate.

25               In terms of the seriousness of the fraud, there's a


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 1   couple aspects of this.      First is the fact that this was a

 2   scheme that targeted a government aid program at a time really

 3   of national crisis.     And I don't think that is overstating it

 4   one bit.

 5              What the defendant and his co-conspirators did is

 6   they exploited a COVID relief fund that by its very design was

 7   meant to streamline the normal due process for applying for

 8   loans and getting bank loans in order to get critical funds to

 9   small businesses in need as quickly as possible.

10              Your Honor I'm sure recalls kind of the fears that

11   happened in the immediate aftermath of the pandemic sweeping

12   through last March, from March 2020 when there was genuine

13   fears about the economy collapsing, as the world entered a

14   shutdown for the sake of public health.         And we saw as a

15   result that unemployment immediately skyrocketed to its worse

16   levels since the Great Depression.

17              The Paycheck Protection Program was set up really as

18   a lifeline for businesses and by extension their employees to

19   incentivize employment and to try to address that problem and

20   give people an opportunity to make a living and make their

21   ends meet.    The need at that time could not have been greater

22   for those funds.     And the program did that by both matching a

23   massive amount of funding, hundreds of millions of dollars,

24   with a streamlined application process that was designed to

25   send relief to those most in need as quickly as possible.


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 1             The fact that in this case Mr. Benoit and his

 2   co-conspirators were willing to engage in a scheme that took

 3   advantage of those efforts by the government to keep our

 4   citizens, you know, able to make their ends meet underscores,

 5   I think, the extent of the greed involved in this scheme.

 6             The dollar amount here to some extent really

 7   understates the harm because he did not just steal money from

 8   the government or from the bank in this case that ultimately

 9   extended the loan, but each dollar that was taken as a result

10   of this PPP loan was a dollar that was not available to the

11   intended beneficiaries of this relief program, which were the

12   struggling small businesses that needed a lifeline and needed

13   support to try to keep their employees on the payroll.              This

14   is a significant and serious offense that happened and really

15   struck at a time when our nation was at one of its most

16   vulnerable points.

17             The second aspect of this, and I've referenced this

18   briefly earlier, was the fact that the defendant engaged in a

19   separate unrelated scheme to apply for a fraudulent EIDL loan.

20   That was the Economic Injury Disaster Loan program.             And

21   that's covered in paragraph 95 of the PSR, which there's no

22   objection to that.     It describes the fact that Mr. Benoit

23   obtained two fraudulent loans under the EIDL program that

24   exceeded about $250,000.

25             Now, he submitted that application right around the


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 1   same time period in which he submitted the PPP application

 2   that led to the charges in this case.         It was a month before

 3   that he submitted the loan for Premier Choice Office Supplies

 4   for this EIDL program that happened a month before the PPP

 5   loan program that we're talking about in this case.

 6             I think the fact that we're dealing with not one but

 7   three fraudulent loans really shows that this is a crime of

 8   deliberation and calculation over a period of time.             This is

 9   not an isolated event, but this was a pattern of efforts by

10   Mr. Benoit to take advantage of disaster relief programs set

11   up by the government, which they saw essentially as an easy

12   mark given the desperation to get those funds out to people

13   who really needed the relief.       And that in itself, again,

14   supports a higher sentence.

15             I think all that ties into the second 3553(a) factor,

16   which is the need for general deterrence given the nature of

17   the crime.    Now, I don't think specific deterrence is a

18   particularly big factor here in light of the defendant's

19   relatively minimal criminal history.         But given the nature of

20   the harm caused, the need for deterrence is high not because

21   of the defendant's background but really because of the nature

22   of the offense, and that's where general deterrence is a

23   critical factor here.

24             The Eleventh Circuit has a long line of cases where

25   it has noted the importance of general deterrence in fraud


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 1   cases, including the Coleman case and Hays case.              And the

 2   reasoning behind that really holds true here, that these are

 3   really crimes of opportunity conducted by cool and rational

 4   actors that if they do not get a significant sentence that

 5   really expresses the message that they will be punished for

 6   engaging in this kind of conduct, they're likely to engage in

 7   a similar deliberation down the road and to try to do it in

 8   the future, or other people will look at that and decide, you

 9   know, cost benefits support trying to engage in a similar

10   scheme.   And I think that really is true in the case of these

11   COVID relief programs.

12             As we discussed, the federal government really pushed

13   to get the relief funds out as quickly as possible and that

14   meant, of course, it came as a sacrifice, an oversight.               I

15   think an audit that came out from the Small Business

16   Administration in December of 2020 found that there were over

17   2 million loans in its estimation that were approved for

18   nearly $200 million of funding that were potentially not in

19   conformance with the CARES Act requirements.

20             Another study, just looking in the news from a few

21   weeks ago, reported that about 15 percent of the overall loans

22   obtained from the PPP program were likely fraudulent.

23             The DOJ, of course, for its part, as well as its law

24   enforcement partners, have been working constantly since

25   last -- the spring of 2020 to uncover PPP loan fraud and to


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 1   really prosecute it in an effort to deter it.             And for all

 2   that effort, you know, the department nationwide has managed

 3   to prosecute a few hundred people for PPP loan fraud, but

 4   we're at that point we're talking about a few hundred people

 5   compared to literally more than a million loans that likely

 6   were fraudulent.       That means that the government's ability to

 7   enforce this as a criminal matter has barely been able to

 8   scratch the surface given that the full extent of the PPP

 9   fraud is likely something that will never be determined, much

10   less prosecuted by the government, and that heightens the need

11   in cases like this to send a proper message when that fraud is

12   detected and is prosecuted.

13               The last factor I want to mention is the need to

14   avoid unwarranted sentencing disparities.            In this case the

15   Court has sentenced one defendant already.            That was Kahlil

16   Green.     Now, he is not similarly situated to Mr. Benoit, and

17   it really is a result of a different history and

18   characteristics of the two defendants.

19               Mr. Green, the Court may recall, had a fairly

20   extensive criminal history.         And as a result, he was in

21   Criminal History Category 4.         And his guidelines range was 41

22   to 51 months as a result.        But he had the same role in the

23   offense as Mr. Benoit.        He was a business owner.          His claims

24   were very similar to Mr. Benoit's in terms of he provided the

25   business name, had a rough understanding of what the scheme


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 1   was but did not fill in the particulars in terms of making the

 2   specific claims for the number of employees, the amount of

 3   revenue, various other facts like that.

 4               And one other differentiating factor again is that

 5   Mr. Benoit in this case, unlike what the evidence showed with

 6   Mr. Green, applied for the separate fraudulent EIDL loans,

 7   which are discussed in paragraph 95.

 8               Now, Mr. Green, he received a low-end sentence, which

 9   in his case was 41 months.         And, again, the higher guidelines

10   range appropriately reflected the fact that he had a more

11   extensive criminal history.

12               It is the government's position that Mr. Benoit

13   should similarly receive a low-end guideline sentence.                It's

14   appropriate given the nature of their very similar roles in

15   the offense and their similar understanding of the wrongdoing

16   that they conducted with the PPP scheme.

17               I'm going to just briefly address a couple of

18   additional arguments that have been raised by Mr. Egbase both

19   in the sentencing memorandum as well as his argument this

20   morning.     There was an effort in both, I think, by Mr. Benoit

21   to somewhat minimize the harm that he caused by noting that he

22   really did not receive funds as a result of this PPP loan

23   fraud.     I think the memo says that he did not touch or spend a

24   cent on himself from the fraud.

25               The memo, to its credit, however, I think


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 1   acknowledges and concedes the reason why this was the case,

 2   which was that the government fairly early in its

 3   investigation froze the account where a substantial portion of

 4   the funds were still sitting at Mr. Benoit's disposal.              And,

 5   in fact, I think the record again shows that Mr. Benoit would

 6   have retained a substantial amount of the funds if the

 7   government had not at an early stage detected the fraud and

 8   stopped the scheme.

 9             Mr. Benoit himself in the interview with the

10   government told Special Agent Stites with the FBI that his cut

11   of the fraudulent loan was supposed to be about 20 percent of

12   the loan proceeds.     And there was an e-mail that was sent from

13   Mr. Baptiste to Mr. Benoit that stated that his cut from the

14   fraudulent loan would be over $300,000.         And that's consistent

15   I think if you look at the withdrawals that are discussed

16   after the loan is funded in paragraph 92 of the PSR.             And that

17   shows that after the funds come in, the fraudulent funds come

18   in from the loan application, that Mr. Benoit makes a series

19   of transactions, transfers money to various other

20   co-conspirators, and at the end of all that there's more than

21   $300,000 left in the account.

22             According to the plea agreement it notes and

23   recognizes that he had over $450,000 seized in two separate

24   bank accounts in forfeiture as part of his role in the scheme.

25   I think all of that means that -- it does not suggest that


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 1   Mr. Benoit deserves somehow a break because the government in

 2   this case was able to do its job and caught the fraud at an

 3   early stage before he was able to spend assets, launder the

 4   assets or do anything else to disburse the funds.

 5             In addition to that, of course, there's this claim

 6   about Mr. Benoit's medical conditions.         Those medical

 7   conditions are also discussed in the PSR itself.              And I do

 8   not mean to minimize those conditions and how they affect

 9   Mr. Benoit when I would make an argument on this front.               But I

10   think the language from the guidelines in 5H1.4 is telling and

11   instructive to the Court about how rare a downward departure

12   is in these circumstances.

13             It notes that medical conditions essentially should

14   be grounds for downward departure only if there's an

15   extraordinary physical impairment, such as the case of a

16   seriously infirmed defendant.       And I also note that those

17   health conditions need to be present in an unusual degree.

18             I think the cases interpreting the guidelines have

19   shown how rare this applies in order to take a defendant like

20   Mr. Benoit out of the heartland of many other defendants who

21   also suffer from their share of physical ailments.              I think

22   the facts of the defendant's own cases help to underscore this

23   in pages six through eight of his memo.

24             Just to cite some of the examples from those cases,

25   you're dealing with one case with a double amputee that needed


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 1   medical care, a defendant that was recovering from a brain

 2   tumor and had ongoing health issues.         There's a discussion of

 3   a 78-year-old defendant with depression and coronary artery

 4   disease.

 5              The record here I think just in comparison to those

 6   other cases and the cases that find a downward variance or

 7   departure based on health conditions I think is just a far cry

 8   from those extraordinary physical impairments you see in those

 9   other cases.

10              He mentions the gastric sleeve from 13 years ago.

11   There's no statement in either the PSR or medical evidence

12   provided about how that could not be treated in BOP custody.

13   The other conditions in terms of high blood pressure and

14   depression are more recent conditions, but we also do not have

15   any more documentation to describe really the impact of those

16   as well as the inability of BOP to address that.              And that's

17   where I think, again, in addition to the missing medical

18   documentation what we're missing from the argument is any

19   showing that the Bureau of Prisons would be unable to care for

20   the defendant when he's put in custody.

21              The Health Services Division of the Bureau of Prisons

22   has more than 3,000 healthcare professionals, including 750

23   Public Health Service staff that are commissioned officers

24   detailed from HHS.     The Bureau of Prisons also has, of course,

25   a record of treating inmates with serious health conditions,


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 1   including, of course, it has clinical practice guidelines for

 2   the treatment of depression.

 3             As part of that, during the initial classification

 4   and designation stage after a sentence is imposed the Bureau

 5   of Prisons evaluates the medical care that may be needed by

 6   any defendant and assigns and makes to appropriate

 7   institutions that are capable of providing the medical care

 8   that may be required.        It has in addition to that medical

 9   referral centers that it can send people outside of the prison

10   system.

11             So these are not uncommon conditions that Mr. Egbase

12   has raised.    And there's no showing that the Bureau of Prisons

13   medical facilities are unable to treat these conditions or

14   that these conditions are so extraordinary that he would need

15   to be treated outside of the BOP system.

16             If, however, there were ever a situation where his

17   health conditions were not able to be addressed adequately in

18   incarceration, there's still a fail-safe, which is in

19   Section 3582(c).     And that provides, again, the ability for

20   the Bureau of Prisons to seek a modification or sentence

21   reduction if there's a compelling reason for reduction,

22   including the fact -- and I know the Court is well aware of

23   this since there's been many pleas for this in light of the

24   pandemic, changes that may result due to a defendant's health

25   condition certainly can support a motion for a reduction if


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 1   it's determined that the Bureau of Prisons is not adequately

 2   suited to address those conditions.

 3             So overall we believe that a guideline sentence, and

 4   specifically that low-end 27-month sentence, properly reflects

 5   the seriousness of the offense and the magnitude of the harm

 6   to the many, many businesses that would have needed those --

 7   that desperately needed PPP loan funding, as well as

 8   reflecting the need for specific and general deterrence in

 9   this case.    We think that's a fair result and we think that's

10   a proper result under Section 3553(a).

11             THE COURT:    Thank you, Mr. Kitchens.

12             Is there any other matter that the Court needs to

13   take up or anything else from either side before I issue a

14   sentence in this case, counsel?

15             MR. KITCHENS:      Not from the government, your Honor.

16             MR. EGBASE:     No, your Honor, except to just add that

17   if the Court is inclined to impose incarceration, that

18   Mr. Benoit is requesting electronic monitoring or home

19   incarceration.    And the reason for that is that -- I heard the

20   government's arguments and we are still in a pandemic and

21   Mr. Benoit has a preexisting condition.         I don't think he'll

22   be suitable to be in a group incarceration or in a prison at

23   this point.    I would like the Court to take that into

24   consideration.

25             THE COURT:    All right.     Thank you, Mr. Egbase.


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 1               Mr. Benoit, if you could please stand, sir.           Thank

 2   you.

 3               Pursuant to the Sentencing Reform Act of 1984, it's

 4   the judgment of the Court that you, Bern Benoit, are hereby

 5   committed to the custody of the Federal Bureau of Prisons to

 6   be imprisoned for a term of 27 months custody as to Count 7.

 7               You must pay to the United States a special

 8   assessment of $100 due immediately.          The assessment should be

 9   paid to the Clerk, US District Court, Northern District of

10   Georgia.

11               The Court finds that you do not have the ability to

12   pay a fine and cost of incarceration.          The Court will,

13   therefore, waive the fine and cost of incarceration in this

14   case.

15               It's further ordered that you shall make restitution

16   in the amount of $1,105,217 for distribution to the following

17   victims:

18               Cross River Bank Legal Department, 400 Kelby

19   Street, 14th Floor, Fort Lee, New Jersey, 07024,

20   legaldepartment@crossriverbank.com, $830,417;

21               Also the US Small Business Administration, the

22   address will be provided by the government, in the amount of

23   $274,800.

24               Restitution shall be paid in full immediately.

25               You must pay the above-noted financial penalties in


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 1   accordance with the schedule of payment sheet of the judgment.

 2             Payment of criminal monetary penalties is due during

 3   the period of imprisonment.       All criminal monetary penalties,

 4   except those payments made through the Federal Bureau of

 5   Prisons Inmate Financial Responsibility Program, are to be

 6   made payable to the Clerk, US District Court,

 7   2211 US Courthouse, 75 Ted Turner Drive, Southwest, Atlanta,

 8   Georgia, 30303.

 9             Any balance that remains unpaid at the commencement

10   of the term of supervision shall commence within 60 days after

11   release from imprisonment on the following terms:

12             Payable at a rate of no less than 250 monthly to the

13   US District Court Clerk.

14             You must notify the Court of any changes in economic

15   circumstances that might affect the ability to pay this

16   financial penalty.

17             The Court determines that you do not have the ability

18   to pay interest and it's ordered that the interest requirement

19   is waived for restitution.

20             Upon release from imprisonment you will be on a term

21   of supervised release for five years.         And I want to explain

22   those terms to you as well, but, Mr. Benoit, you can be seated

23   for that portion of my sentence.

24             You must comply with the mandatory conditions of

25   release, including you must not commit another federal, state


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 1   or local crime.

 2             You must not unlawfully possess a controlled

 3   substance.

 4             You must refrain from any unlawful use of a

 5   controlled substance.

 6             You must submit to one drug test within 15 days of

 7   release from imprisonment, and at least two periodic drug

 8   tests thereafter as determined by the Court.

 9             You must cooperate in the collection of DNA as

10   directed by the probation officer.

11             You must make restitution in accordance with 18 USC,

12   Sections 3663 and 3663(a) or any other statute authorizing a

13   sentence of restitution.

14             As part of your supervised release you must comply

15   with the standard conditions of supervision.           These conditions

16   are imposed because they establish basic expectations for your

17   behavior while on supervision and identify the minimum tools

18   needed by a probation officer to keep informed, report to the

19   court and bring about improvements in your conduct and

20   condition.    Standard conditions of supervision will be

21   included in the judgment.

22             You must comply with the following special conditions

23   during the term of supervised release:

24             You must make full and complete disclosure of your

25   finances and submit to an audit of your financial documents at


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 1   the request of your probation officer.

 2             You must provide your probation officer with full and

 3   complete access to any requested financial information and

 4   authorize the release of any financial information.

 5             The probation office may share the financial

 6   information with the United States Attorney's Office.

 7             You must not incur new credit card charges or open

 8   additional lines of credit without the approval of the

 9   probation officer.

10             You must participate in a mental health treatment

11   program and follow the rules and regulations of that program.

12             Such program may require that you submit to an

13   evaluation and/or testing.       The probation officer, in

14   consultation with the treatment provider, will supervise your

15   participation in the program, provider, location, modality,

16   duration, intensity and et cetera.          You must pay all or part

17   of the cost of the program based on your ability to pay unless

18   excused by the probation officer.

19             You must take all mental health medication prescribed

20   by your treating provider.

21             You must pay for all or part of the cost of

22   medication based on your ability to pay unless excused by the

23   probation officer.

24             You must refrain from excessive use of alcohol.

25             You must submit your person, property, house,


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 1   residence, vehicle, papers, computers, other electronic

 2   communications or data storage devices or media or office to a

 3   search conducted by a United States Probation Officer.

 4   Failure to submit to a search may be grounds for revocation of

 5   release.   You must warn any other occupants that the premises

 6   may be subject to searches pursuant to this condition.

 7              An officer may conduct a search pursuant to this

 8   condition only when reasonable suspicion exists that you

 9   violated a condition of your supervision and that areas to be

10   searched contain evidence of this violation.           Any search must

11   be conducted at a reasonable time and in a reasonable manner.

12              You must permit confiscation and/or disposal of any

13   material considered to be contraband or any other items which

14   may be deemed to have evidentiary value of violations of

15   supervision.

16              And given that this is a remote video conference, I

17   assume that the defense is requesting a voluntary surrender.

18   And I assume that the government does not oppose that

19   voluntary surrender.      Is that correct, Counsel?

20              MR. KITCHENS:     We do not oppose it, your Honor.

21              THE COURT:    And, Mr. Egbase, do you have any

22   suggested time range for when he will surrender?

23              MR. EGBASE:    I'm -- just a minute, your Honor.           I

24   would like to confer with my client, please.

25              THE COURT:    Very well.    If you'll mute your line.


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 1               (Pause in the proceedings)

 2               MR. EGBASE:     I'm back, your Honor, if the Court can

 3   hear me.

 4               THE COURT:    Yes.

 5               MR. EGBASE:     My client is requesting 30 days, your

 6   Honor.

 7               THE COURT:    Any objection, Mr. Kitchens?

 8               MR. KITCHENS:     No.   No, your Honor.

 9               THE COURT:    Very well.     The defendant is to report

10   for service of sentence in 30 days -- no later than 30 days

11   from today.

12               Release conditions previously established will

13   continue to apply.

14               Failure to report for service of the sentence is a

15   criminal offense.

16               The Court does not have the authority to select the

17   detention facility but can recommend a specific detention

18   facility and the Bureau of Prisons will ultimately decide.

19               Mr. Egbase, any particular requests on behalf of your

20   client?

21               MR. EGBASE:     Any facility that is close to the

22   Los Angeles area, your Honor, is okay with my client.

23               THE COURT:    Very well.

24               The Court recommends to the Bureau of Prisons that

25   Mr. Benoit be confined in a facility as close to Los Angeles,


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 1   California, as possible.      And the Court will note that he has

 2   significant family and friend ties in that area, so that's

 3   particularly warranted in this case.

 4             The Court also recommends to the Bureau of Prisons

 5   that the defendant be placed in an institution with mental

 6   health counseling.

 7             This sentence is made in view of the sentencing goals

 8   delineated in 18 USC, Section 3553(a), and the parties'

 9   arguments as to those factors, including:

10             The nature and circumstances of the offense and the

11   history and characteristics of the defendant;

12             The need for the sentence imposed to reflect the

13   seriousness of the offense, to afford adequate deterrence and

14   to protect the public;

15             The kinds of sentences available;

16             The kinds of sentence in the sentencing range

17   established for the applicable category of offense committed

18   as set forth in the sentencing guidelines;

19             Any pertinent policy statement;

20             The need to avoid sentencing disparity;

21             And the need to provide restitution to victims.

22             This sentence meets the criteria of punishment,

23   deterrence and incapacitation and is sufficient but not

24   greater than necessary to comply with the directives of

25   Section 3553(a).


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 1               Based on these considerations, I find that this

 2   sentence is just and appropriate, particularly based on

 3   several factors that I found particularly important.              One is

 4   the amount at issue here, which was substantial; however, I

 5   recognize and accept the argument that Mr. Benoit was not the

 6   most culpable actor in this scheme.

 7               It was also important to me to learn about

 8   Mr. Benoit, both in the presentence report as well as the many

 9   letters, Mr. Egbase, that you had sent in on behalf of

10   Mr. Benoit.     I thought those were very compelling.           It painted

11   a picture for me of someone who is a good friend and a good

12   son, particularly to his mother.

13               I was also moved by the fact that he unfortunately

14   grew up without having a father in his life, which is

15   something that I see quite often in sentencing cases

16   unfortunately.     So I'm sorry that that was his situation as

17   well.

18               MR. EGBASE:    Thank you, your Honor.

19               THE COURT:    And I'm also cognizant of his both

20   physical and mental health issues; however, I do not think

21   they rise to the level of being an extraordinary physical

22   impairment such that would allow a departure under guidelines

23   5H1.4, nor do I believe the variance that was requested should

24   be given in this case given my review of the various factors

25   at issue.    However, I'm cognizant of those physical and mental


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 1   impairments.    And one reason I'm at the very low end of the

 2   guideline range is because I do take some pause really on the

 3   mental health aspect of it.       I understand that he did have

 4   some issues fairly recently, and he's now in counseling with a

 5   psychiatrist that seems to be helping him.

 6             So it's not lightly, I would like Mr. Benoit and you

 7   to know, that I issue a sentence that includes a term of

 8   confinement.    In a perfect world he would keep sessions with

 9   the same -- with the same counselor.         I'm hopeful that they'll

10   be able to continue that counseling for him while he's

11   confined but someone who can do hopefully as good of a job.

12   But I'm wary of that and understand the situation certainly.

13   Therefore, I will not be departing or varying in this sentence

14   as announced.

15             Before I advise the defendant of his appeal rights,

16   does the government or defendant have any further objections

17   to the findings of the Court, the guideline calculation or to

18   the sentence or the manner in which it's been pronounced?

19             MR. EGBASE:     No, your Honor.

20             MR. KITCHENS:      No objections, your Honor, but just

21   want to note there's a consent preliminary order of forfeiture

22   that's been entered in this case.        That's Docket Number 101.

23   And that covers two separate JPMorgan Chase Bank accounts.

24   $431,408.28 in one account.       And $30,025.08 in the other

25   JPMorgan Chase account.      We would just ask that the forfeiture


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 1   be incorporated as part of the judgment.

 2             THE COURT:    All right.     Not hearing any objection

 3   from Mr. Egbase, I will grant that request.

 4             And I think I said this, but in an abundance of

 5   caution I also note that this sentence meets the criteria of

 6   punishment, deterrence and incapacitation and is sufficient

 7   but not greater than necessary to comply with the directives

 8   of Section 3553(a).

 9             Mr. Benoit, you can appeal your conviction if you

10   believe your guilty plea was somehow unlawful or involuntary

11   or if there is some other fundamental defect in the

12   proceedings that was not waived by your guilty plea.

13             You also have a statutory right to appeal your

14   sentence under certain circumstances, particularly if you

15   think the sentence is contrary to law.         However, a defendant

16   may waive those rights as part of a plea agreement, and you've

17   entered into a plea agreement which, with very limited

18   exceptions, waives most of your rights to appeal the sentence

19   itself.   Such waivers are generally enforceable, but if you

20   believe the waiver is unenforceable, you can present that

21   theory to the Appellate Court.

22             With few exceptions, any notice of appeal must be

23   filed within 14 days of a judgment being entered in your case.

24             If you're unable to pay the cost of your appeal, you

25   may apply for leave to appeal in forma pauperis or without


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 1   payment of fees.     If you so request, the Clerk of Court will

 2   prepare and file a notice of appeal on your behalf.             On appeal

 3   you may also apply for court-appointed counsel.

 4             If you have any further questions about your right to

 5   appeal, I'm sure that Mr. Egbase would be happy to advise you

 6   further on this matter.

 7             Mr. Benoit, do you have any further questions about

 8   anything I've said today at this sentencing hearing, sir?

 9             THE DEFENDANT:     No, your Honor.

10             THE COURT:    Counsel, anything else further that we

11   need to discuss?

12             MR. EGBASE:     No, your Honor.

13             MR. KITCHENS:      No, your Honor.

14             THE COURT:    All right.     Good to see both of you.

15             Ms. Walker, Ms. Coudriet and Officer Ridley, thank

16   you for your assistance in today's proceedings as well.

17             Mr. Benoit, best of luck to you, sir.           I know that

18   you have many people out there, friends and family, who care

19   about you very much and that you're important to them and

20   their lives.    And I wish you future success.         And I hope that

21   you're able to complete this term of imprisonment without

22   issue and get back to your family and friends that I know need

23   you very much.

24             That concludes this proceeding.

25             Thank you, everyone.


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 1            (PROCEEDINGS REPORTED WERE CONCLUDED 11:20 AM.)

 2                       ___________________________

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 1                            C E R T I F I C A T E

 2
 3   UNITED STATES DISTRICT COURT

 4   NORTHERN DISTRICT OF GEORGIA

 5
 6        I do hereby certify that the foregoing pages are a true

 7   and correct transcript of the proceedings taken down by me in

 8   the case aforesaid.

 9
            This the 23rd Day of January, 2024.
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15                             PENNY PRITTY COUDRIET, RMR, CRR
                               OFFICIAL COURT REPORTER
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